Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
Civil suit -- FIR on the basis of same matter which was involved in civil suit - FIR registered on the basis of sole opinion of handwriting expert in the civil suit that receipts are forged - Genuineness of such receipts pending consideration in civil suit - Based on the sole opinion of handwriting expert, FIR ought not to have been registered - Held, when issue as to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Interlocutory orders - (i) On dismissal of suit for default all interim orders stand terminated unless Court by express order or by necessary implication specify that any order will continue; (ii) On restoration of suit dismissed in default, with notice to the opposite party, all..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of plaintiff - Sufficient opportunities granted to plaintiff to complete his evidence - Earlier also evidence of plaintiff was closed, as he had not led evidence within time - Despite having been granted 3 opportunities by Court, plaintiff still failed to complete his evidence within time - However,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner who is disputing title over suit property, cannot be made a party in a suit for eviction, as he is not a necessary party as investigation of title is not warranted - Moreover, Court is not empowered to convert a suit for eviction to a suit for title - Application rightly..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Defendant appeared but plaintiff did not appear - Suit should be dismissed instead of proceeding further or to give any opportunity to the defendants to lead their evidence...........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Defendant appeared but plaintiff did not appear - Suit of plaintiff to be treated dismissed as per O.9.R.8 CPC - Court below committed material irregularity in recording statement of defendants and deciding case on merits - Suit dismissed under provision of O.9.R.8 CPC...........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - S.149 CPC confers discretion upon Court to allow a person to pay deficient Court fees at any stage - Once Courts exercises such a discretion and payment of Court fee is made in accordance with said decision, document u/s 149 CPC shall have same force and effect as if such fee had been paid in first..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Agreement to sell - Plaintiff filed suit for mandatory injunction after more than three years of date fixed under agreement of sale and valued the same and paid Court fee accordingly - He chose to pay proper Court fee after being confronted with an application for dismissal of suit - Plaintiff..........
